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(영문) 대구고등법원 2017.11.09 2016나27116
부당이득반환청구 등
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the following additional payment order shall be revoked.

Reasons

1. The facts following the facts do not conflict between the parties, or may be acknowledged in full view of Gap evidence of 1 to 14, Eul evidence of 1 to 14, and 23 (including numbers; hereinafter the same shall apply) and Gap evidence of 1 to 14, and the whole purport of the pleadings in the testimony of the witness A of the first instance court.

(1) On July 4, 1985, the Plaintiff was a company established for the purpose of the manufacturing business of the aggregate pre-sale area, etc. on July 4, 1985, and was divided into packaging production factories producing the aggregate pre-sale area and packing boxes, etc. on the basis of the main source of the pre-sale area. On April 2014, the Plaintiff established a plan to extend the packing production factory to the 2nd general industrial complex in order to improve the price competitiveness of the products, and set up a plan to transfer 90% of the purchase price of the necessary land from the Korea Development Bank to the 1,065,689, 240 won (10%) on the date of the contract to pay the balance of the construction price at KRW 3,197, 067, 720 (30%) on the basis of the settlement rate of the total project cost at which the Plaintiff is obligated to pay the balance of the construction price at KRW 1,306,307,276,2716.

2. The State or a local government;

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